"Defendants capitalised on the Milly Rock's popularity, particularly with its younger fans, by selling the Milly Rock dance as an in-game purchase in Fortnite under the name 'Swipe It', which players can buy to customize their avatars for use in the game," the filing states.

"This dance was immediately recognised by players and media worldwide as the Milly Rock. "

"Although identical to the dance created, popularised, and demonstrated by Ferguson, Epic did not credit Ferguson nor seek his consent to use, display, reproduce, sell, or create a derivative work based upon Ferguson's Milly Rock dance or likeness."

Fortnite's Swipe It dance, or emote as gamers call them, was unveiled in July. Chance the Rapper at the time said Epic Games should "put the actual rap songs behind the dances that make so much money".

In April actor Donald Faison, who portrayed Turk on Scrubs, wrote on Twitter he was "flattered" a dance his character did on the show was also being used in Fortnite.

"Though part of me thinks I should talk to a lawyer," he mused.

Tech site The Verge says it's the first lawsuit filed over "the widespread game industry practice of appropriating pop culture, like dance moves and memes, and turning it into virtual items for sale".